Digi - Legal Insights
SERVICE LAW
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Despite valiant efforts of counsel for Respondent, impugned judgments as also judgment passed by Services Tribunal stand set aside and termination of Respondent from post of Police Constable stands restored.
CIVIL LAW
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Issues at hand are best addressed by High-Powered Committee established in specific case hence, directions are issued for immediate participation of relevant governmental departments in Committees proceedings.
SERVICE LAW
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High Court erroneously issued writ of mandamus without confirming whether Governor had exercised his discretion on matter and it would have been more appropriate for High Court to request Governor to review request first.
PROPERTY LAW
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Appellants claim, based on lack of notice regarding transfer, is unfounded as limitation period commenced on date of transfer hence, order of High Court holding that application was filed beyond prescribed period held proper.
CRIMINAL LAW
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Impugned judgment directing adherence to prior bail orders is deemed unsustainable and will be set aside however, actions taken by State authorities will remain unaffected and operational.
CRIMINAL LAW
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Impugned order of conviction is set aside due to lack of clear motive and significant discrepancies in witness accounts, which create reasonable doubt about accuseds guilt.
CRIMINAL LAW
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Case appears to be a civil dispute masquerading as criminal matter, warranting quashing of FIR hence, impugned judgment passed by High Court set aside and FIR registered of alleged offences quashed.
CRIMINAL LAW
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High Courts decision to grant bail to Respondent No. 2 was deemed unjustified due to oversight of critical evidence hence, impugned order passed by High Court is set aside. Matter is remanded back to High Court for fresh consideration.
CRIMINAL LAW
Details
Appellants timely application to recall order indicates proper procedure and any delays cannot be attributed to them hence, impugned judgment set aside and Special Court directed to afford opportunity of hearing to Appellant by proceeding from stage of taking cognizance.
CRIMINAL LAW
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Order issued by High Court is fundamentally flawed due to its failure to engage with prior ruling that cancelled bail of Respondent No. 2 hence, impugned order passed by High Court is set aside and bail granted to Respondent No. 2 is cancelled.
SERVICE LAW
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Recruitment rules did not mandate publication of candidates marks in written examination, nor was there evidence that respondents had passed it hence, impugned order, in so far as it directs Appellants to provide appointment to respondents to post of Plant Attendant, is set aside.
PROPERTY LAW
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Respondents, who were aware of earlier grant, sought to invoke Act after statutory period had elapsed hence, given these circumstances, orders of Authorities and High Court are set aside as illegal.
ARBITRATION
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High Court wrongly declined prayer for arbitration hence, impugned judgment passed by High Court set aside and former Chief Justice of Orissa High Court, is appointed as sole Arbitrator to adjudicate upon disputes between parties.
CRIMINAL LAW
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Impugned judgment of Trial Court holding Appellant guilty and awarding sentence as upheld and maintained by High Court is based on just and proper appreciation of evidence.
CRIMINAL LAW
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Evidence presented fails to conclusively establish Appellants involvement in crime hence, impugned judgment of Courts below set aside and Appellant is acquitted of charge for which he was tried and convicted.
CRIMINAL LAW
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High Courts acquittal was based on sound reasoning and did not warrant interference, as prosecution failed to establish essential criminal elements beyond reasonable doubt.
CRIMINAL LAW
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Allegations in FIR prima facie reveal an offence punishable under Section 7(a) of Act against Respondent No. 1 hence, FIR registered against Respondent No. 1 under Section 7(a) of Act and all proceedings arising therefrom, stand revived and restored and trial court to proceed in accordance with law.
CRIMINAL LAW
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Criminal liability under Section 304-A IPC does not hold due to lack of direct nexus to patient's death hence, prosecution against appellant stands quashed and appellant is discharged from offences alleged against her.
CRIMINAL LAW
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Circumstantial evidence must clearly establish accuseds guilt, forming an undeniable chain that excludes all reasonable hypotheses of innocence hence, view taken by High Court is a plausible view and no good reason to interfere with order of acquittal passed by High Court.
CRIMINAL LAW
Details
Recalling prosecutrix for another examination would cause unnecessary hardship, especially given sensitivity of case and fact that she has already faced multiple examinations thus, High Court erred in setting aside order of Trial Court and allowing application under Section 311 CrPC.
Judgement
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